2. Persons found to have committed the prohibited acts as listed in XI.A.1. in furtherance of or as a part of a commercial enterprise, shall be guilty of “commercial littering” and as such shall be guilty of a Class A misdemeanor and the penalties shall be those prescribed under the Arkansas Criminal Code. Additionally, those convicted may be required to remove any litter disposed in violation of Act 883 of 1977.

3. When the Department is notified of the presence and location of illegally dumped or abandoned medical waste, an investigation will be conducted in an effort to determine the responsible party. If the offender is identified, it will be the offender's responsibility to properly dispose of the waste and conduct any decontamination as required. In instances where responsibility cannot be determined, the Department will be responsible for arranging the appropriate clean-up, disposal, and any decontamination of the area by properly trained and protected personnel. If the responsible party is identified after the Department has properly decontaminated the area and disposed of the medical waste, the responsible party shall be liable for all costs incurred in addition to any penalties, as applicable.

2. In addition, any person who violates any provision of these regulations concerning commercial medical waste non-incineration TSD facilities may be subject to a civil penalty by the Board of Health. The penalty shall not exceed ten thousand dollars ($10,000) for each violation.

3. Any person, carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste, or which is authorized to transport medical waste, who shall violate any of the regulations, including safety regulations, prescribed or hereafter prescribed by the Arkansas State Highway Commission pursuant to the provisions of Title 23 of the Code or who shall violate any regulation of the Department of Health which specifically relates to the transportation of medical waste, shall be deemed guilty of a misdemeanor. Upon conviction, that carrier, or office, employee, agent, or representative thereof, shall be fined not more than five hundred dollars ($500.00) for the first offense and not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for any subsequent offenses.

4. Violations of any provision of these regulations for commercial medical waste may be grounds for permit modifications, restrictions, bonding or termination of the permit as outlined in Section VII.T.

5. Pursuant to Arkansas Code Annotated, 20-32-105, the Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department are authorized to stop vehicles suspected of transporting commercial medical waste to assure that all required permits for transporting commercial medical waste have been obtained and to enforce all laws and regulations relating to the transportation of commercial medical waste. The enforcement officers of the Arkansas State Highway and Transportation Department are authorized to conduct vehicle safety inspections of those vehicles transporting or intending to be utilized to transport commercial medical waste, to inquire into the history of any safety or equipment regulation violations of the transporter in any state, and to advise the Department of Health of the results of such inspections and inquiries.